As privacy laws and regulations become an increasingly prominent issue worldwide, a series of class-action lawsuits in California have pivoted to a somewhat novel approach towards companies employing user-tracking software.
Respective plaintiffs in over 50 class actions against diverse website operators, including Anine Bing Corp., Stitch Fix Inc., and Primer Labs Inc., have posited an unexpected legal theory when accusing these enterprises of circumventing state regulations.
The lawsuits initially focused on alleging violations of wiretap laws in the state, with the plaintiffs asserting these software tools were nothing short of potent surveillance mechanisms. However, the strategy has encountered notable obstacles, necessitating a change in approach.
Drawing upon an uncommon ‘pen register’ argument, the same attorney has now posited these lawsuits under a fresh angle. The term ‘pen register’ refers to a device or process utilized to record or decode dialing, routing, addressing, or signaling information. However crucially, unlike wiretap methods, the content of the communication is not intercepted.
Although this novel premise has generated significant chatter in legal circles, its success remains unsure at this point. Its novelty might be a double-edged sword, providing a fresh perspective but also unpredictable outcomes given the relative untested nature of this argument.
For more details and future updates, please refer to the original article on Bloomberg Law.